THE INADEQUACY OF MALAYSIAN CYBERBULLYINGAND DIGITAL HARASSMENT LAWS: TIME FOR AVICTIM-CENTRIC, RIGHTS-BASED DIGITAL SAFETYFRAMEWORK
- Feb 10
- 1 min read
Abstract
Cyberbullying and digital harassment have become escalating threats in Malaysia’s increasingly digitised society, yet the legal framework remains fragmented and inadequate. This paper explores the deficiencies in existing Malaysian statutes, namely the Communications and Multimedia Act 1998, the Computer Crimes Act 1997, and the Penal Code in effectively addressing cyberbullying. It argues that these laws are punitive rather than protective, lacking victim-centric mechanisms such as psychological support, rapid content removal, and confidential reporting systems. Through comparative legal analysis of jurisdictions such as Singapore, United Kingdom, Philippines, and the European Union, the study highlights how other nations have enacted targeted, modern legislation that balances punitive and preventive measures. The article further discusses the role of technology platforms and the need for intermediary liability laws, citing the EU’s Digital Services Act as a model for content moderation and user protection. Ultimately, this paper advocates for a dedicated Cyberbullying and Online Harassment Act in Malaysia to provide clear legal definitions, graded penalties, civil and criminal remedies, and robust victim protection measures, aiming to align Malaysia’s cyberlaw landscape with international best practices and safeguard its citizens from online abuse.
Thressha Jagathesan, Multimedia University
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